EFF’s aims for Jewel v. NSA are also to hold “former President George W. Bush, former Vice President Dick Cheney, Cheney’s former chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzalez, and other individuals who ordered or participated in the warrantless domestic surveillance of innocent Americans accountable.”

Both Cindy Cohn, the EEF’s legal director, and senior staff attorney Lee Tien said they were pleased that their case could move forward, and that their case would be now aided by former NSA officials to confirm the basic facts that have already been widely reported.

“It’s time for Americans to have their day in court and for a judge to rule on the legality of this massive surveillance,” said Tien in a statement.